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MINUTES OF THE WILLIAMSON COUNTY COMMISSIONERS' COURT MEETING
APRIL 15, 2014



STATE OF TEXAS )(
COUNTY OF WILLIAMSON )(

BE IT REMEMBERED that at 9:44 A.M. on TUESDAY, APRIL 15, 2014, a REGULAR SESSION of the Commissioners' Court of Williamson County, Texas, was held with the following being present, to-wit:
 
Present:
County Judge Dan A. Gattis  
 
Commissioner Precinct 1 Lisa Birkman  
 
Commissioner Precinct 2 Cynthia Long  
 
Commissioner Precinct 3 Valerie Covey  
 
Commissioner Precinct 4 Ron Morrison  
Absent:
County Clerk Nancy E. Rister
Others Present:
Hal C. Hawes, General Counsel to Williamson County Commissioners' Court
Stan O. Springerley, Assistant General Counsel to Williamson County Commissioners' Court
Carolyn Deibler, Deputy County Clerk
Marilyn Cavender, Executive Assistant County Clerk
             
1. Review and approval of minutes.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve the Minutes of the Regular Session of Commissioners' Court Meeting and the Special Session of Commissioners' Court Meeting on April 8, 2014.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  04.08.2014 CC Minutes
  04.08.2014 CC SS Budget
 
             
2.
Consider noting in minutes any off right-of-way work on any County road done by Road & Bridge Division.
  No action was taken on this item.
             
3.
Hear County Auditor concerning invoices, bills, Quick Check Report, Wire Transfers and Electronic Payments submitted for payment and take appropriate action including, but not limited to approval for payment provided said items are found by the County Auditor to be legal obligations of the county.
  Accounts Payable/Payroll Manager Karen Knightstep addressed the Court.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 4 Ron Morrison 
Motion: To authorize the payment of bills totaling $4,541,171.28 from the computer printout, Addendum, Wire Transfer, and Quick Check Report from the proper line items, if found by the County Auditor to be legal expenses as appropriated in the County Budget.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  04.15.2014 Funding Report
  04.15.2014 Quick Check Report
  04.15.2014 Wire Transfers
 
             
4.
Citizen comments.
 

Jim Dillon of Liberty Hill addressed the Court.

             
CONSENT AGENDA
The Consent Agenda includes non-controversial and routine items that the Court may act on with one single vote. The Judge or a Commissioner may pull any item from the Consent Agenda in order that the court discuss and act upon it individually as part of the Regular Agenda. ( Items 5 – 13 )
             
5. Please consider and approve a Line Item Transfer for the District Attorney's Office.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 4 Ron Morrison 
Motion: To approve a line item transfer for the District Attorney's Office:
From/To Acct No. Description Amount
From 0100-0440-004932 Trial Expenses $1,500.00
To 0100-0440-003900 Memberships $1,500.00
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
             
6. Approve and enter into the official minutes of the Williamson County Commissioners Court that the individuals whose signatures appear in this amendment are authorized representatives of the Treasurer's Office and are authorized to transmit or withdraw investment funds in Texpool and Texpool Prime and to take all other actions deemed necessary or appropriate for the investment of local funds.  In addition, some authorized representatives are designated to perform on inquiry of selected information.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 4 Ron Morrison 
Motion: To approve the individuals whose signatures appear in this amendment are authorized representatives of the Treasurer's Office and are authorized to transmit or withdraw investment funds in Texpool and Texpool Prime and to take all other actions deemed necessary or appropriate for the investment of local funds. In addition, some authorized representatives are designated to perform on inquiry of selected information.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  TexPool Prime Resolution
 
             
7. Consider approving property tax collections for the month of March 2014 for the Williamson County Tax Assessor/Collector.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 4 Ron Morrison 
Motion: To approve property tax collections for the month of March 2014 for the Williamson County Tax Assessor/Collector.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  030114-033114 GWI-RFM Graph
  030114-033114 GWI-RFM
 
             
8. Consider approving property tax refunds over $2,500.00 for the month of March 2014 for the Williamson County Tax Assessor/Collector.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 4 Ron Morrison 
Motion: To approve property tax refunds over $2,500.00 for the month of March 2014 for the Williamson County Tax Assessor/Collector.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  030114-033114 Refunds Over 2500
 
             
9. Consider approving Justice of the Peace 4, March 2014 Monthly Report in compliance with Code of Criminal Procedure 103.005.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 4 Ron Morrison 
Motion: To approve Justice of the Peace Precinct #4 March 2014 Monthly Report in compliance with Code of Criminal Procedure 103.005.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  MAR 2014 EOM REPORT JP4
 
             
10. Consider approving a Wastewater Utility Easement for a twenty (20) foot wide wastewater utility easement, containing 0.277 acres, more of less, located in Williamson County, with City of Leander as Grantee and Williamson County as Grantor.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 4 Ron Morrison 
Motion: To approve a Wastewater Utility Easement for a twenty (20) foot wide wastewater utility easement, containing 0.277 acres, more or less, located in Williamson County, with City of Leander as Grantee and Williamson County as Grantor.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Wastewater Utility Easement
 
             
11. Discuss and take appropriate action on landscape license agreement between Williamson County and Siena MUD #1 and Siena MUD #2 - Pct. 4.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 4 Ron Morrison 
Motion: To authorize the County Judge to execute a License Agreement between Williamson County and Siena Municipal Utility District (MUD) #1 and #2 - Precinct #4.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Siena MUD #1 LMA
  Siena MUD #2 LMA
 
             
12. Discuss and consider approval of final plat for the Paloma Lake Sec 20B subdivision - Pct 4.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 4 Ron Morrison 
Motion: To approve the final plat for Paloma Lake Section 20B subdivision - Precinct #4.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Final Plat - Paloma Lake Sec 20B
 
             
13. Discuss and consider approval of the revised preliminary plat for Sonterra West Sec 8-H subdivision - Pct 3.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 4 Ron Morrison 
Motion: To approve the revised preliminary plat for Sonterra West Section 8-H subdivision - Precinct #3
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Revised Prelim Plat - Sonterra West Sec 8-H
 
             
REGULAR AGENDA
             
14. Hear the April 2014 Monthly Construction Summary Report for Road Bond and Pass Through Financing projects.
  Senior Director of Infrastructure Bob Daigh addressed the Court. No action was taken on this item.
  Attachments:
  April 2014 CSR
 
             
15. To discuss and take appropriate action on the Department of Infrastructure projects and issues update.
  Senior Director of Infrastructure Bob Daigh addressed the Court. No action was taken on this item.
             
COMMISSIONERS' COURT RECESSED TO A PUBLIC HEARING AT 10:04 A.M. ON TUESDAY, APRIL 15, 2014.
             
16. Conduct Public Hearing at 10:00 a.m. regarding Countywide Polling Place Program.
  Elections Administrator Jason Barnett, Jim Dillon of Liberty Hill, Janelle Fears of Sun City, Larry McDonald of Georgetown, Cathy Cody of Sun City, and Rick Lutowski of Austin addressed the Court. No action was taken on this item.
  Attachments:
  May Vote Centers Draft
  Primary RO Vote Centers Draft
 
             
COMMISSIONERS’ COURT RECONVENED FROM A PUBLIC HEARING AT 10:30 A.M. ON TUESDAY, APRIL 15, 2014.
             
17. Discuss and take appropriate action on a Property Exchange Contract with JBS for Parkland.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 3 Valerie Covey 

Motion: To authorize the County Judge to execute a Property Exchange Contract with JBS Holdings, L.P. (JBS) for Parkland.

 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  JBS Property Exchange Contract
 
             
18. Discuss, consider and take appropriate action on authorizing the Presiding Officer of the Williamson County Commissioners Court to execute a Real Estate Sales Contract to sell the county’s property located at 1500 CR 258, Liberty Hill, Texas to Christie Chapman for $100,000; and to further authorize the execution of all documents and instruments necessary to convey the said property to the buyer upon closing.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 3 Valerie Covey 
Motion: To authorize the County Judge to execute a Real Estate Sales Contract to sell the county’s property located at 1500 County Road (CR) 258, Liberty Hill, Texas to Christie Chapman for $100,000.00; and to further authorize the execution of all documents and instruments necessary to convey the said property to the buyer upon closing.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Chapman Sales Agreement CR 258
 
             
19. Discuss and consider approving a line item transfer for the Parks Department.
  Director of Parks and Recreation Randy Bell addressed the Court.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve a line item transfer for the Parks Department:
From/To Acct No. Description Amount
From 0100-0409-004998 Non Dept/Contingencies $44,155.00
To 0100-0510-005700 Parks/Vehicles $44,155.00
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Parks Vehicle
 
             
20. Discuss and take action on the 2013 Comprehensive Annual Financial Report (CAFR) and Popular Annual Financial Report (PAFR).
  First Assistant County Auditor Julie Kiley and Kevin Sanford of Weaver & Tidwell addressed the Court.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve the 2013 Comprehensive Annual Financial Report (CAFR) and Popular Annual Financial Report (PAFR).
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  2013 CAFR
  2013 PAFR
  2013 Governance Letter
 
             
21. Discuss and consider authorizing the County Judge to sign a pledge of support for a constitutional amendment for increase state funding for transportation.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To authorize the County Judge to sign a pledge of support for a constitutional amendment for increase state funding for transportation.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Move Texas Forward Pledge of Support
  Letter
 
             
COMMISSIONERS' COURT RECESSED TO A ROAD DISTRICT MEETING AT 10:55 A.M. ON TUESDAY, APRIL 15, 2014.
             
COMMISSIONERS' COURT RECONVENED FROM THE ROAD DISTRICT MEETING AT 11:00 A.M. ON TUESDAY, APRIL 15, 2014.
             
COMMISSIONERS' COURT RECESSED TO EXECUTIVE SESSION AT 11:00 A.M. ON TUESDAY, APRIL 15, 2014.
             
22. Discussion regarding economic development negotiations pursuant to Texas Government Code, Section 551.087:
a) Business prospect(s) that may locate or expand within Williamson County.
  No action was taken in Executive Session.
             
23. Discuss real estate matters (EXECUTIVE SESSION as per VTCA Govt. Code sec. 551.072 Deliberation Regarding Real Estate Property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with third person.)
1. Proposed or potential purchase or lease of property by the County:
a) Discuss proposed acquisition of property for right-of-way for SH 195 0.805 South of Bell County Line to IH 35.
b) Discuss proposed acquisition of property for right-of-way for US 183 Extension from 1,000 feet South of San Gabriel to 1,000 feet North of SH 29.
c) Discuss proposed amendment to TCE on SH 45/O’Connor Blvd.
d) Discuss proposed acquisition of property for right-of-way for Ronald Reagan Blvd.
e) Discuss proposed acquisition of property for proposed SH 29 Seward Junction Loop project.
f) Discuss proposed acquisition of property for right-of-way along Lakeline extension.
g) Discuss proposed acquisition of property for right-of-way for future parkland in Precinct 2. 
h) Discuss possible acquisition of property with endangered species for mitigation purposes.
i) Discuss flooding issues with property located on Pond Springs Rd.
j) Discuss the acquisition of real property: Alcoa. 180.243 acres

2. Property or Real Estate owned by Williamson County
a) Discuss a TXDOT permit to construct access driveway facilities
b) Discuss County owned real estate adjacent to and near RM 2338 at Booty's Crossing.
c) Discuss County owned real estate on CR 258
d) Discuss proposed acquisition of land for County Parks.
e) Discuss proposed acquisition of 89.476 acres by Georgetown Inner Loop.
f) Discuss proposed sale of 98 acre tract abutting Blue Springs Blvd.
  No action was taken in Executive Session.
             
24. Discuss pending or contemplated litigation, settlement matters and other confidential attorney-client legal matters (EXECUTIVE SESSION as per VTCA Govt. Code sec. 551.071 consultation with attorney.), including the following:
a) Litigation or claims or potential litigation or claims against the County or by the County
b) Status Update-Pending Cases or Claims;
c) Cause No. 06-453-C277; Kerry Heckman et al. v. Williamson County, et al., In the District Court of Williamson County, Texas, 277th Judicial District
d) Civil Action No.1:13- CV- 505, Robert Lloyd v. Lisa Birkman, et al., In The United States District Court for the Western District of Texas, Austin Division
e) Cause No. 13-0090-C26, Mathews v. Williamson County, In The District Court of Williamson County, Texas, 26th Judicial District.
f) Employment related matters.
g) Other confidential attorney-client matters, including contracts and certain matters related to county defense issues in which the duty of the attorney to the governmental body within the attorney/client relationship clearly conflicts with Chapter 551 of the Texas Government Code.
h) Civil Action No. 1:11-cv-907, Sarah Doe et al. v. Jerald Neveleff et al., In the United States District Court for the Western District of Texas Austin Division
i) Mortgage Electronic Recording Systems (MERS) litigation.
j) American Arbitration Association # 70 110 Y 00385 13; Williamson County, Texas v. Faulkner USA, Inc.
k) Cause No. 12-0721-C277; W. Paul Reed et al. v. Williamson County et al.; In the District Court of Williamson County, Texas; 277th District Court
l) Cause No. 13-0748-C368; Williamson County v. Parsons Environment & Infrastructure Group Inc. et al. in the 368th Judicial District Court of Williamson County, Texas
m) Cause No. 1:12-CV-011222LY; Lance Brown v. Williamson County, Williamson County Sheriff's Office, Sheriff James Wilson and Shawn Wilson in the United States District Court for the Western District of Texas, Austin Division
n) James Windom and Jane Windom v. Williamson County, Texas: Cause #13-0398-C368 in the 368th Judicial District Court of Williamson County, Texas
  No action was taken in Executive Session.
             
COMMISSIONERS’ COURT RECONVENED FROM EXECUTIVE SESSION AT 12:21 P.M. ON TUESDAY, APRIL 15, 2014.
             
25. Discuss and take appropriate action regarding economic development.
  No action was taken on this item.
             
26. Discuss and take appropriate action on real estate.
  No action was taken in this item.
             
27. Discuss and take appropriate action on pending or contemplated litigation, settlement matters and other confidential attorney-client legal matters, including the following:
a) Litigation or claims or potential litigation or claims against the County or by the County
b) Status Update-Pending Cases or Claims;
c) Cause No. 06-453-C277; Kerry Heckman et al. v. Williamson County, et al., In the District Court of Williamson County, Texas, 277th Judicial District
d) Civil Action No.1:13- CV- 505, Robert Lloyd v. Lisa Birkman, et al., In The United States District Court for the Western District of Texas, Austin Division
e) Cause No. 13-0090-C26, Mathews v. Williamson County, In The District Court of Williamson County, Texas, 26th Judicial District.
f) Employment related matters.
g) Other confidential attorney-client matters, including contracts and certain matters related to county defense issues in which the duty of the attorney to the governmental body within the attorney/client relationship clearly conflicts with Chapter 551 of the Texas Government Code.
h) Civil Action No. 1:11-cv-907, Sarah Doe et al. v. Jerald Neveleff et al., In the United States District Court for the Western District of Texas Austin Division
i) Mortgage Electronic Recording Systems (MERS) litigation.
j) American Arbitration Association # 70 110 Y 00385 13; Williamson County, Texas v. Faulkner USA, Inc.
k) Cause No. 12-0721-C277; W. Paul Reed et al. v. Williamson County et al.; In the District Court of Williamson County, Texas; 277th District Court
l) Cause No. 13-0748-C368; Williamson County v. Parsons Environment & Infrastructure Group Inc. et al. in the 368th Judicial District Court of Williamson County, Texas
m) Cause No. 1:12-CV-011222LY; Lance Brown v. Williamson County, Williamson County Sheriff's Office, Sheriff James Wilson and Shawn Wilson in the United States District Court for the Western District of Texas, Austin Division
n) James Windom and Jane Windom v. Williamson County, Texas: Cause #13-0398-C368 in the 368th Judicial District Court of Williamson County, Texas
  No action was taken on this item.
             
28. Comments from Commissioners.
  Judge Gattis and Commissioner Covey introduced visiting students Christian Aguilera, Larry Hall, and Cody Powell who shadowed their elected officials.
COMMISSIONERS’ COURT ADJOURNED AT 12:21 P.M. ON TUESDAY, APRIL 15, 2014. 
 
THE FOREGOING MINUTES had at a Regular Session of Commissioners’ Court of Williamson County, Texas, having been read are hereby approved this 22nd day of April 2014.


ATTEST: Nancy E. Rister, Clerk of Commissioners’ Court, Williamson County, Texas

By: Carolyn Deibler, Deputy


    

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